Compilation of the Social Security Laws

Omnibus Budget Reconciliation Act of
1982

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RECOMPUTATION AT AGE 62 OF CREDIT FOR MILITARY SERVICE OF CURRENT
ANNUITANTS

Sec. 307.[5 U.S.C. 8332
note](a) The provisions of section 8332(j) of title 5, United
States Code, relating to credit for military service, shall not apply with
respect to any individual who is entitled to an annuity under subchapter
III of chapter 83 of title 5, United States Code, on or before the date of
enactment of this Act[168] or who is entitled to an annuity based on a
separation from service occurring on or before such date of
enactment.

(b) Subject to subsection (b), in any case in which an
individual described in subsection (a) is also entitled to old-age or
survivors’ insurance benefits under section 202 of the Social
Security Act (or would be entitled to such benefits upon filing application
therefor), the amount of the annuity to which such individual is entitled
under subchapter III of chapter 83 of title 5, United States Code, (after
taking into account subsection (a)) which is payable for any month shall be
reduced by an amount determined by multiplying the amount of such old-age
or survivors’ insurance benefit for the determination month by a
fraction—

(1) the numerator of which is the
total of the wages (within the meaning of section 209 of the Social
Security Act) for service referred to in section 210(l) of such Act
(relating to service in the uniformed services) and deemed additional wages
(within the meaning of section 229 of such Act) of such individual credited
for years after 1956 and before the calendar year in which the
determination month occurs, up to the contribution and benefit base
determined under section 230 of the Social Security Act (or other
applicable maximum annual amount referred to in section 215(e)(1) of such
Act) for each such year, and

(2) the denominator of
which is the total of all wages and deemed additional wages described in
paragraph (1) of this subsection plus all other wages (within the meaning
of section 209 of such Act) and all self-employment income (within the
meaning of section 211(b) of such Act) of such individual credited for
years after 1936 and before the calendar year in which the determination
month occurs, up to the contribution and benefit base (or such other amount
referred to in such section 215(e)(1)) for each such year.

(c) Subsection (b) shall not reduce the annuity of any
individual below the amount of the annuity which would be payable under
this subchapter to the individual for the determination month if section
8332(j) of title 5, United States Code, applied to the individual for such
month.

(d) For purposes of this section, the term
“determination month” means—

(1) the first month the individual
described in subsection (a) is entitled to old-age or survivors’
insurance benefits under section 202 of the Social Security Act (or would
be entitled to such benefits upon filing application therefor); or

(2)
October 1982, in the case of any individual so entitled to such benefits
for such month.

(e) The preceding provisions of this section shall take
effect with respect to any annuity payment payable under subchapter III of
chapter 83 of title 5, United States Code, for calendar months beginning
after September 30, 1982.

(f) The Secretary of Health and Human Services shall
furnish such information to the Office of Personnel Management as may be
necessary to carry out the preceding provisions of this section.

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